Digital Commons Network^™

The Efficient Breach Theory In International Investment Law, Sangwani Patrick Ng’Ambi

Northwestern Journal of International Law & Business

When a State unilaterally abrogates its contractual obligations, it is under a duty to compensate the investor. The aim of the compensation regime under International Investment Law is to restore the investor to a position he or she would have been in had the breach not taken place. Thus, the award of compensation should not only include sunk costs (damnum emergens) but also lost future profits (lucrum cessans).

In this article it is argued that the rules relating to compensation promote efficiency, as per the ‘efficient breach theory’ because they dissuade governments from unilaterally abrogating concession agreements, unless they can …

Asylum Seekers: The Search For Basic Human Right To Healthcare In Industrial Countries, Marlaina Wright

Emory International Law Review

An important right afforded to all persons as part of their international human rights includes the right to access healthcare. Asylum seekers, however, are a population that struggles to enjoy a designated right due to countries having varying interpretations of what it means to provide healthcare services. When seeking asylum, many asylees believe that going to developed, industrial countries is the best route for achieving safety, educational opportunities, and a higher standard of living. However, when it comes to providing access to healthcare for asylum seekers specifically, countries such as the United States, Japan, Germany, and Switzerland do not fully …

Hate Speech Laws And Blasphemy Laws: Parallels Show Problems With The U.N. Strategy And Plan Of Action On Hate Speech, Meghan Fischer

Emory International Law Review

In May 2019, the United Nations Secretary-General introduced the U.N. Strategy and Plan of Action on Hate Speech, an influential campaign that poses serious risks to religious and political minorities because its definition of hate speech parallels elements common to blasphemy laws. U.N. human rights entities have denounced blasphemy laws because they are vague, broad, and prone to arbitrary enforcement, enabling the authorities to use them to attack religious minorities, political opponents, and people who have minority viewpoints. Likewise, the Strategy and Plan of Action’s definition of hate speech is ambiguous and relies entirely on subjective interpretation, opening the door …

Discovery Under § 1782 In International Commercial Arbitration: Recent Developments From A Comparative Perspective, Tamar Meshel

The International Lawyer

No abstract provided.

How To Assess Regional Trade Agreements? Deep Ftas V. China's Trade Agreements

The International Lawyer

No abstract provided.

Eu-Acp Economic Partnership Agreements After Brexit: The (Neglected) Case Of Legitimate Expectations And Fundamental Change Of Circumstances, Regis Y. Simo

The International Lawyer

No abstract provided.

La Fantascienza Italiana Dalla Prospettiva Degli Studi Sulla Traduzione E Postcoloniali, Simone Brioni Dr.

Department of English Faculty Publications

A partire dai più recenti studi sulla fantascienza e sulla circolazione dei testi in contesti letterari diversi, l’articolo presenta un’analisi della produzione di fantascienza italiana dalla prospettiva degli studi sulla traduzione e postcoloniali. A lungo considerate come semplici imitazioni dei modelli inglesi e statunitensi, tali produzioni spesso le adattano e ripensano creativamente. Investigare le complesse relazioni intertestuali da cui emerge la fantascienza può permettere di comprendere come l’altro e l’altrove sono stati immaginati e rappresentati in Italia.

Journalism As A Public Good: How The Nonprofit News Model Can Save Us From Ourselves, Rosalie Westenskow, Edward L. Carter

Faculty Publications

At a time when many U.S. newspapers find themselves at the edge of a financial precipice, The Salt Lake Tribune’s recent transformation into a 501(c)(3) public charity presents a potentially promising route to economic safety for other daily newspapers. Although the nonprofit, tax-exempt model has been an increasingly popular one for new media outlets, the IRS’s bestowal of such status on a major daily newspaper marks an historic event—one that other newspapers, and their legal counsel, can learn from. This Article outlines several issues such practitioners and owners should be aware of as they consider taking the leap to …

Swill-Tac: Skill-Oriented Dynamic Task Allocation With Willingness For Complex Job In Crowdsourcing, Riya Samanta, Soumya K. Ghosh, Sajal K. Das

Computer Science Faculty Research & Creative Works

Allocating tasks to the best-fit candidates is a classical problem in crowdsourcing (CS). Most of the existing approaches assume that the task and candidate knowledge is known in advance and ignore the effect of enrolled candidates' willingness on the CS system's selection decision. For instance, an unwilling candidate assigned to a task may quit without completing it, thus depreciating the utility of the CS platform. In practice, a task or candidate may arrive or leave the CS system dynamically. Moreover, a complex task may be broken into smaller sub-tasks, each requiring a variety of computations and expertise. To overcome these …

Your 'Attention' Deserves Attention: A Self-Diversified Multi-Channel Attention For Facial Action Analysis, Xiaotian Li, Zhihua Li, Huiyuan Yang, Geran Zhao, Lijun Yin

Computer Science Faculty Research & Creative Works

Visual attention has been extensively studied for learning fine-grained features in both facial expression recognition (FER) and Action Unit (AU) detection. A broad range of previous research has explored how to use attention modules to localize detailed facial parts (e, g. facial action units), learn discriminative features, and learn inter-class correlation. However, few related works pay attention to the robustness of the attention module itself. Through experiments, we found neural attention maps initialized with different feature maps yield diverse representations when learning to attend the identical Region of Interest (ROI). In other words, similar to general feature learning, the representational …

Blind Accessibility In College And University: Is Online Learning Accessible To All?, Erica R. Hagman

EWU Masters Thesis Collection

Increasing technological advancement, coupled with the rise of the COVID-19 pandemic and resulting social distancing orders, has amplified the push for online learning and hybrid courses like never before. As education moves online, are the necessary adjustments to accommodate students with varying levels of ability being made? One would think that online learning would be easier to navigate for Blind and Visually Impaired (BVI) students, but is that truly the case? In this study I investigated if the Learning Management System (LMS), Canvas, is accessible to BVI students. I hypothesized that BVI students would have more difficulty accessing classroom material …

Collaborative Learning Of International Undergraduate English Language Learners In Small-Group Writing Communities, Yiting Chu

International Journal for the Scholarship of Teaching & Learning

This article reports a study on how international English language learner (ELL) students participated in a collaborative learning community comprised of peers and peer tutors in a writing center in a U.S. university. Drawing on the theory of community of practice (CoP), qualitative data were collected from weekly observations of three groups and in-depth interviews with four ELL students and six tutors. Findings suggested that these three groups functioned differently as CoPs with varied levels of participation and social interaction among the students and between students and tutors. A mismatch between the goals and roles of the students and those …

The Perceived Effectiveness Of The Scaled Agile Framework® In Software Development Organizations, James F. Carilli

All-Inclusive List of Electronic Theses and Dissertations

Software development projects experience very high failure rates. Due to the high cost of project failure, coupled with studies that found failure rates are closely tied to the software development method used, the purpose of this mixed methods exploratory case study was to examine the extent of perceived effectiveness of the Scaled Agile Framework (SAFe ® ) in software development organizations using Complex Adaptive Systems as a lens to guide the study. This research focused on the extent of perceived effectiveness of the Scaled Agile Framework ® on organizational outcomes, team management, stakeholder and customer management, management of emerging requirements …

The Role Of Telehealth In Music Therapy Practice During The Covid-19 Global Pandemic Through The Lens Of The Music Therapist: A Survey, Brianne Brunick

Theses & Dissertations

This research study sought to examine the impact of the transition to telehealth music therapy services as the primary delivery mode of treatment during the COVID-19 pandemic. Board-certified music therapists were invited to participate in an online questionnaire-based survey where they were asked to provide responses to questions relating to their and their clients’ demographics, their theoretical orientation, their clinical experience prior to and during COVID- 19, and their views on the overall impact of telehealth. Analysis of the raw data from participants’ responses are summarized and integrated into the discussion section to highlight participants’ perspectives in a music therapy …

Positioning Co-Teachers In An Integrated English As A New Language Class: Making Sense Of Teaching Roles, Kelley E. Cordeiro

Theses & Dissertations

This study examined how co-teachers of English to Speakers of Other Languages (ESOL) and General Education (GE) perceived their roles, agency, and professional positioning within co-taught elementary integrated English as a New Language (ENL) classes. Theories of positioning and educational change guided this study, exploring teachers’ perceptions of parity and observations of their discourse and interactions within the context of school and district cultures and policies. ESOL and GE co-teachers who implemented the collaborative cycle of instruction with fidelity experienced parity in their partnerships. These teachers utilized their distinct areas of expertise and had a common understanding of each teacher’s …

Parents Raising Children With Intellectual/Developmental Disabilities In Jamaica: A Grounded Theory Approach, Maureen Lowers-Roach

Theses & Dissertations

Purpose The purpose of this study was to explore the experiences and/or challenges of parents or guardians of school-aged children who have intellectual and/or developmental disabilities (IDD) and are living in Jamaica. Background Raising a child with IDD can be overwhelming for parents and families, as it may drain them financially, emotionally, psychologically, and socially. Due to the relative poverty and scarcity of adequate resources in Jamaica, the burden of caring for a child with special needs may be challenging. Attitudes toward persons with disabilities are negative in Jamaica. Although several laws are designed to protect children with disabilities, there …

Co-Creating A Culture Of Belonging Through The Relational Co-Teaching Framework: A Critical, Transformative Auto|Ethnography, Elizabeth L. Stein

Theses & Dissertations

This critical, transformative auto|ethnography highlights power relations and culture as it documents my four-month collaborative journey with co-teachers and their students in their fifthgrade suburban school in Northeastern New York. This study describes how Ms. K., a general educator, and Ms. D, a special educator, negotiated power and reimagined a culture of belonging through the shift to remote learning during the COVID-19 pandemic. The co-teachers’ interactions were analyzed on macro, meso, and micro levels with data sources, including transcripts from cogenerative dialogues and semi-structured interviews, written reflections through student journaling, researcher’s journal, and other artifacts. A theoretical bricolage guided my …

Racial And Ethnic Representation In Music Therapy Education, Eden M. Medina

Theses & Dissertations

Little to no research has been done on music therapy and racial, ethnic, and musical representation. The present study investigated the perceptions racially and ethnically diverse music therapy students/new professionals have of cultural and musical representation in music therapy education, and whether opportunities, exist for ethnically/culturally diverse students to include their music when it is not directly implemented in the music therapy curricula. Thirteen participants were surveyed and results showed that there are gaps in music therapy education when it comes to racial, ethnic, and musical representation outside of Western traditions. Findings indicate that there is a need for further …

Black Male School Leaders: Protectors And Defenders Of Children, Community, Culture, And Village, Phillip Smith

GSE Faculty Publications

This study explored the ways in which the race-gendered identities and lived experiences of Black male K-12 public and independent school leaders inform their leadership in support of students, community, and village. The study draws from critical theories and perspectives, including a framework of Black Masculine Caring (BMC), critical race theory, culturally relevant and responsive leadership, leadership for social justice, and their relationship to and with a theory of Black male school leadership. The qualitative study used survey, phenomenological, and visual elicitation methods to examine the personal and professional experiences, philosophies, and praxis of 14 Black male school leaders. Study …

Study Protocol For A Randomized Controlled Trial Comparing Two Low-Intensity Weight Loss Maintenance Interventions Based On Acceptance And Commitment Therapy Or Self-Regulation, Jason Lillis, Leah Schumacher, J. Graham Thomas, Michael E. Levin, Shira Dunsiger, Jessica L. Unick, Erin Evans, Jacqueline F. Hayes, Rena R. Wing

Psychology Faculty Publications

Background: Weight regain is common following behavioral obesity treatment and attenuates many of the benefits of initial weight loss. This paper describes a randomized controlled trial that will evaluate the efficacy of two low-contact weight loss maintenance interventions based on Acceptance and Commitment Therapy (ACT) and self-regulation (SR). Potential mechanisms of action and moderators of treatment effects will also be evaluated.

Methods: Adults (anticipated N=480)with overweight or obesity will complete an initial 3-monthonline weight loss program (Phase 1). Participants who achieve ≥4 kg weight loss (anticipated N=288) will then be randomized to an ACT or SR weight loss maintenance intervention. …

A Randomized Trial Of Brief Online Interventions To Facilitate Treatment Seeking For Social Anxiety, Margaret R. Tobias, Lauren N. Landy, Michael E. Levin, Joanna J. Arch

Psychology Faculty Publications

Objective: This study developed and evaluated a brief, single-session online intervention designed to facilitate treatment seeking among adults with clinically significant social anxiety (SA) symptoms, who generally seek treatment at exceptionally low rates.

Method: Adults (N= 267) reporting significant SA symptoms were recruited online and randomized to a brief, single-session online intervention: Education consisted of brief psychoeducation and treatment resources, or Education+Motivation which added treatment seeking-focused motivational content adapted from Motivational Interviewing and Acceptance and Commitment Therapy. Attitudes, intentions, perceived control, and treatment seeking were assessed at Pre, Post, and one-month follow-up (FU).

Results: Both interventions were feasible …

The Waiting Game: How Preindictment Delay Threatens Due Process And Fair Trials, Danielle M. Rang

South Dakota Law Review

No abstract provided.

Restraining The Unsupervised Fiduciary, Thomas E. Simmons, Andrew J. Knutson

South Dakota Law Review

No abstract provided.

The Trial Of John Scopes, Jonathan K. Van Patten

South Dakota Law Review

No abstract provided.

Evolution Of An Enterprise Information System Toward Omni-Channel Retailing: A Case Study, Francis Varin, Abhijit Chaudhury

Information Systems and Analytics Department Faculty Journal Articles

This case study covers the evolution of an enterprise information system at a sportswear firm. Over time, the sportswear industry has moved from a single channel to multiple channels and is now progressing toward an omni-channel system for better serving their customers. This required a corresponding evolution in the firm’s information technology (IT) systems. But changes in an IT system do not work in isolation. To get the most from their new IT platform, the firm discovered the need to redesign their organizational structure, redefine IT’s role, and do strategic workforce planning. The paper describes, under fictitious names, how the …

Summer Research Fellowship Project Descriptions 2021, Clark Science Center's Summer Research Fellows Program

SURF Abstracts (Women in Science)

A summary of research done by Smith College’s 2021 Summer Research Fellowship (SURF) Program participants. Ever since its 1967 start, SURF has been a cornerstone of Smith’s science education. Supervised by faculty mentor-advisors drawn from the Clark Science Center and connected to its eighteen science, mathematics, and engineering departments and programs and associated centers and units. At summer’s end, SURF participants were asked to summarize their research experiences for this publication.

Ossabow Island Chronology, Ossabaw Island Foundation.

Guarding Ossabaw Island: History and Archaeology of the 47th N.Y.V.I. Camp

A chronology on the history of Ossabaw Island by the Ossabaw Island Foundation.

Using The Authentic Intellectual (Aiw) Framework To Connect First Year Students With The Local Blues Society, Tom M. Buckmiller, Jennifer Thoma

International Journal for the Scholarship of Teaching & Learning

The purpose of this article is to demonstrate how I used the Authentic Intellectual Work (AIW) pedagogical framework in conjunction with Project-Based Learning (PBL) to develop a campus-community partnership while enhancing and promoting the goals of the local blues society. In order to achieve the goals of the AIW framework, I created a major class project which charged the students with writing and editing a book telling stories of members of the local blues society to be available on Amazon.com. The results, or outcomes, of this project were categorized relative to two areas: academic (classroom) and civic (The Blues Society). …

Should Private Prisons In The U.S. Be Abolished, Nancy Anzalone

Theses & Dissertations

Private prisons were established as a possible solution to alleviate the serious overcrowding issue affecting prisons during the 1980’s. This thesis supports the reasoning behind why private prisons should be abolished as they did not deliver on the claims made in support of their existence but rather, reveals the multitude of negative repercussions when the financial interests of a few large and powerful private corporations override the basic safety and security of our prison system. The studies contained in this thesis attempt to reveal that the data meant to support private prisons is not only inadequate, but often, inaccurately depicted …

Maritime Surveillance In The Gulf Of Suez : Identifying Opportunities For Future Improvements, Esslam Hassan, Dimitrios Dalaklis

Conference Papers

The Gulf of Suez (GOS) is one of the most important waterways in the world. Furthermore, issues like maritime safety, avoidance of accidents and effective conduct of navigation, as well as protection of the marine environment in the GOS are always among the highest priorities of Egyptian legislators. As a result, maritime surveillance in the area under discussion is facilitated by a technologically advanced Vessel Traffic Management System (VTMS) that has been established by the competent authority as a cost-effective measure to reduce and mitigate risks in accordance with international standards and guidelines. The main aim of this paper is …